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(영문) 부산지방법원 2020.11.09 2020고단2447
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 2, 2013, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 00:50 on March 1, 2020, the Defendant driven a DMW car in the state of alcohol alcohol concentration of approximately 0.078% from the 3km section of the 3km section of the correction tunnel, the outside of the city of the correction tunnel located in the same Gu and Dong-dong, from the roads near Busan, Busan, to the 1 kilometer point of the correction tunnel, the outside of the city of the correction tunnel located in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a DMW car.

On March 1, 2020, the Defendant driven the said car under the influence of alcohol of 0.078% with a blood alcohol concentration of 0.078% on March 1, 2020, and driven the road of two-lanes from the wharf to the white-sea tunnel in the amendment tunnel located outside the city in the Busan East-gu, Busan.

At that time, the two-lanes of two-lanes of roads are controlled, and the speed of restriction is 70 km per hour, so a person engaged in driving duties is at a point of 70 km per hour, and there was a duty of care to prevent accidents by operating the steering gear and the steering system accurately by complying with the restricted speed and by properly operating the steering gear and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding 155 km per hour while driving at a speed exceeding 225 km per hour, and the Defendant was able to find the FMF3 car driven by the victim E (the age of 44) late later and operate the Hand to the right side in order to avoid this. However, the Defendant did not avoid this, and was able to receive the back part of the FMF3 car as is, without being able to avoid it.

Ultimately, the Defendant’s negligence on the part of the above business is weak to the victim.

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